LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Superannuation Death Benefit After Husband's Suicide

Discussion in 'Superannuation Law Forum' started by SarahMc, 28 March 2015.

  1. SarahMc

    SarahMc Member

    Joined:
    28 March 2015
    Messages:
    1
    Likes Received:
    0
    Hi. My husband recently suicided at 34yrs of age. He has 3 superannuation accounts open. I've contacted all 3 of them and he has enough money in each of them to claim for the death benefits and he is well past the 13 month period that they don't pay out on suicide. I have a solicitor lodging all of my claims to take the load off me. She has reassured me that the super funds will pay out on all death benefits.

    I am sceptical as it is suicide and I'm expecting the insurance departments to investigate things such as a pre-existing medical condition such as mental illness and find a way out of paying. Have you had experience with a similar case? And what's your professional opinion as to whether or not they have to pay out on the death benefit?
     
  2. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Sarah, it really depends on the contractual terms of the superannuation. If you have a solicitor working for you, then that is the best route you could take in terms of having someone make sure you get what you're entitled to. Good luck and I am sorry that you are facing this awful situation.
     
  3. Smiley

    Smiley Well-Known Member

    Joined:
    1 April 2015
    Messages:
    33
    Likes Received:
    5
    Hi Sarah,

    I am sorry to hear about the tragic circumstances. As it was suicide, pre-existing illnesses will likey not come into play.

    Example of pre existing in a very general sense is:

    March 2014 - Diagnoised with cancer

    June 2014 - Date joined superannuation Fund

    July 2015 - Dies from the cancer that was diagnoised in March 2014.

    The cancer was pre existing.

    As you state your late husband passed away after the initial exclusion period of 13 months from the date joined superannuation Fund, a death benefit appears applicable.

    Good luck :)
     

Share This Page

Loading...